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2017 Supreme(Ori) 148

VINEET SARAN, B.R.SARANGI
Sukhalal Munda – Appellant
Versus
State of Odisha – Respondent


Advocate Appeared:
For the Petitioner:Dr. A.K. Mohapatra, Sr. Advocate along with M/s. Alok Ku. Mohapatra B. Panda, S.P. Mangaraj, T. Dash, S. Nath, B. Subudhi and A. Mohapatra, Advocates.
For the opp. parties :Mr. S.P. Mishra, Advocate General, Mr. P. Acharya, Sr. Advocate along with M/s. S. Rath, D. Panigrahy G. Patra, A. Satpathy, N. Jena and S.P. Behera, Advocates.

B.R. SARANGI, J.

Part-IX has been added to the Constitution consisting of Articles 243 to 243-O and a new Schedule, viz., Eleventh Schedule has also been added by the Constitution (Seventy-third Amendment) Act, 1992 with effect from 24.04.1993. The amendment is intended to give effect to Article 40 of the Directive Principles of State Policy. Article 40 directs the State to take steps to organize Village Panchayats and vest them with such powers and authority and may be necessary to enable them to function as units to self-Government. The object of Part IX was to introduce the panchayat system at grass root level. As panchayat systems were based on State Legislation, and their functioning was unsatisfactory, the amendment to the Constitution sought to strengthen the panchayat system by giving a uniform Constitutional base, so that the panchayats became vibrant unit of administration in rural area by establishing strong, effective and democratic local administration, so that there can be rapid implementation of rural development programmes. A uniform three-tier system of Panchayats, i.e., at village, intermediate and district level, has been created throughout the country.

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